D VIJAYALAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are before this Court seeking for issue of mandamus to direct the respondents to implement the order passed by the Standing Committee of respondent No.2 vide Annexure-A to effect the khatha in favour of the petitioners in respect of the schedule property and further to approve the building plan.

(2.) THE petitioners claim to be the owners of the property bearing Old Site No.1174, New No.1370/B, formed by the Writers and Artisans House Building Cooperative Society Limited situate at Hosakerehalli, Uttarahalli Hobli, Bangalore South Taluk. The grievance of the petitioners is that the plan applied for by the petitioners had not been considered by the respondents and as such, the petitioners were constrained to file an appeal before the Standing Committee. The Standing Committee on consideration of the same has by its order dated 22.06.2012 arrived at the conclusion that since the property is assessed to tax after collecting developmental charges and also khatha had been made in respect of the property, the request of the petitioners requires to be granted and as such the appeal was allowed directing that the application for grant of licence be considered. The grievance of the petitioners is that the respondents have not considered the request of the petitioners despite there being an order from the Standing Committee.

(3.) IN that view, having noticed the order dated 22.06.2012 passed by the Standing Committee, the said order would have to be implemented. The implementing authority in the instant case is respondent No.4 who would have to consider the same after looking into the said order and on the same attaining finality, the respondent No.4 would have no option but to implement the same. To enable the respondent No.4 to look into the same, the petitioner shall file copy of the order of standing committee along with the representation and such representation and the order shall be considered by respondent No.4. In this regard, since the petitioners also contend that the khatha is to be transferred to their names and considering the fact that the Standing Committee has taken note of the fact that the khatha had been transferred to the names of the petitioners vendor, if the petitioners desire that the khatha be transferred to their names, the requisite application along with necessary documents shall be made to the Assistant Revenue Officer of the Division concerned. The said application also will be considered in accordance with law.